RBMS Security Committee: State Laws: Missouri

The RBMS Security Committee attempts to maintain a current list of statutes from each of the fifty states pertaining to library thefts or other criminal acts involving library and archival materials (view index). Following are the relevant laws for the state of Missouri:

Missouri Revised Statutes 570.050. Aggregation of amounts involved in stealing.

Amounts stolen pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitute a single criminal episode and may be aggregated in determining the grade of the offense.

Missouri Revised Statutes 570.210. Library theft, penalty.

570.210. 1. A person commits the crime of library theft if with the purpose to deprive, such person:

(1) Knowingly removes any library material from the premises of a library without authorization; or

(2) Borrows or attempts to borrow any library material from a library by use of a library card:

(a) Without the consent of the person to whom it was issued; or

(b) Knowing that the library card is revoked, canceled or expired; or

(3) Borrows library material from any library pursuant to an agreement or procedure established by the library which requires the return of such library material and, with the purpose to deprive the library of the library material, fails to return the library material to the library; or

(4) Knowingly writes on, injures, defaces, tears, cuts, mutilates, or destroys a book, document, or other library material belonging to, on loan to, or otherwise in the custody of a library.

2. It shall be prima facie evidence of the person's purpose to deprive the library of the library materials if, within ten days after notice in writing deposited as certified mail from the library demanding the return of such library material, such person without good cause shown fails to return the library material. A person is presumed to have received the notice required by this subsection if the library mails such notice to the last address provided to the library by such person. Payment to the library, in an amount equal to the fair market value of an item of no historical significance shall be considered returning the item for purposes of this subsection.

3. The crime of library theft is a class C misdemeanor if the value of the library materials is less than five hundred dollars. The crime of library theft is a class C felony if the value of the library material is between five hundred dollars and twenty-five thousand dollars. The crime of library theft is a class B felony if the value of the library material is greater than twenty-five thousand dollars.

Missouri Revised Statutes 570.215. Detention of suspect to investigate, not unlawful, when.

Any librarian, his agent or employee, who has reasonable grounds to believe that a person on the premises of the library has committed or is about to commit the crime of library theft, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been or may be a wrongful taking of such library material. Any such reasonable detention shall not constitute an unlawful arrest or detention, or shall it render the librarian, his agent or employee criminally or civilly liable to the person so detained.

See Missouri statutes online at: http://www.moga.mo.gov/STATUTES/C570.HTM.

> return to state law index